[M1706/10/26]*[print] [email] [cite] [preceding] [following]
Prayers said.
Rolls called.
Minutes of the last sederunt read.
Then the following addresses were given in and read, namely: address of the barons, freeholders and others within the stewartry of Kirkcudbright, subscribing the same; address of heritors and householders of the parish of Crawford, subscribers of the same; address of heritors and householders of the parish of Crawfordjohn, subscribing the same; address of the magistrates, dean of guild, treasurer, guild council, deacons of trades and members of the town council of the burgh of Cupar in Fife and others, guildry, trades and burgesses of the said burgh, subscribers of the same; address of the presbytery of Lanark, subscribing the same; and an address of heritors, elders and masters of families in the town and out parish of Lanark, subscribers of the same, all against a union with England in the terms of the articles.
Thereafter the third article of union was again read.
Whereupon it was moved that the agreeing to the third article of the treaty in relation to the parliament of Great Britain shall not be binding or have any effect unless terms and conditions of a union of the two kingdoms, and particularly the constitution of the said parliament, be finally adjusted and concluded and an act passed thereupon in this parliament, and that the said terms and conditions be also agreed to and ratified by an act of the parliament of England, the constitution of the said parliament of Great Britain being left entire until the parliament consider the twenty second article.
Moved also to proceed to the consideration of the fourth and other articles of union before the third.
And, after some reasoning thereupon, it was put to the vote proceed to the consideration of the third article in the terms of the above motion relating thereto or proceed to the fourth article, and it carried proceed to the third.
And accordingly the parliament proceeded to the consideration of the third article, and, after long debate thereupon, a vote was stated approve of the third article in the terms of the above motion relating thereto, yes or no.
But before voting [William Johnston], marquis of Annandale gave in a protest upon the foot of his former resolve presented to this house and contained in the minute of 4 November instant, and craved that the narrative thereof might be prefixed thereto, and which narrative and protest is as follows, namely: 'Whereas it evidently appears since the printing, publishing and considering of the articles of treaty now before this house this nation seems generally averse to this incorporating union in the terms now before us as subversive of the sovereignty, fundamental constitution and Claim of Right of this kingdom and as threatening ruin to this church as by law established. And since it is plain that if a union were agreed to in these terms by this parliament and accepted of by the parliament of England, it would in no sort answer the peaceable and friendly ends proposed by a union, but would, on the contrary, create such dismal distractions and animosities amongst ourselves and such jealousies and mistakes between us and our neighbours as would involve these nations into fatal breaches and confusions. Therefore I do protest, for myself and in name of all those who shall adhere to this my protestation, that an incorporating union of the crown and kingdom of Scotland with the crown and kingdom of England, and that both nations shall be represented by one and the same parliament (as contained in the articles of the treaty of union), is contrary to the honour, interest, fundamental laws and constitution of this kingdom, is a giving up the sovereignty, the birthright of the peers, the rights and privileges of the barons and burghs, and is contrary to the Claim of Right, property and liberty of the subjects and third act of her majesty's parliament of 1703, by which it is declared high treason in any of the subjects of this kingdom to quarrel or endeavour by writing, malicious and advised speaking, or other open act or deed, to alter or innovate the Claim of Right or any article thereof. As also that the subjects of this kingdom, by surrendering their parliaments and sovereignty, are deprived of all security, both with respect to such rights as are by the intended treaty stipulated and agreed, and with respect to such other rights, both ecclesiastic and civil, as are by the same treaty pretended to be reserved to them. And therefore I do protest that this shall not prejudice the being of future Scots parliaments and conventions within the kingdom of Scotland at no time coming'.
After reading whereof, he took instruments thereupon, and it was agreed that at calling the rolls the adherers to the protest shall be so marked, and also that the whole members be marked as they shall vote approve or not, and that a list of their names as they shall vote pro or con shall be printed, and the lord chancellor was allowed to have his name printed and recorded as an approver.
Then the vote was put approve of the third article in the terms of the motion relating thereto or not, and it carried approve. And the dukes [James Douglas, duke of] Hamilton and [John Murray, duke of] Atholl, the earls [Charles Hay, earl] of Erroll, [William Keith, earl] Marischal, [John Lyon, earl of] Strathmore and [Charles Hamilton Douglas, earl of] Selkirk, the viscounts [David Murray, viscount of] Stormont and [William Livingston, viscount of] Kilsyth, the lords [Francis Sempill, lord] Sempill, [William Fraser, lord] Saltoun, [Patrick Oliphant, lord] Oliphant, [John Elphinstone, lord] Balmerino, [Walter Stewart, lord] Blantyre, [William Hamilton, lord] Bargany, [John Hamilton, lord] Belhaven, [Robert Colville, lord] Colville [of Ochiltree] and [Patrick Kinnaird, lord] Kinnaird, George Lockhart of Carnwath, Sir James Foulis of Colinton, Sir John Lauder of Fountainhall, Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, Mr Alexander Ferguson of Isle, John Brisbane, younger, of Bishopton, Mr William Cochrane of Kilmaronock, James Graham of Buchlyvie, Robert Rollo of Powhouse, John Murray of Strowan, James Moir of Stoneywood, John Forbes of Culloden, David Beaton of Balfour, Major Henry Balfour of Dunbog, Mr Thomas Hope of Rankeilour, Mr Patrick Lyon of Auchterhouse, Mr James Carnegie of Finavon, David Graham, younger, of Fintry, James Ogilvie, younger, of Boyne, Alexander MacKie of Palgowan, Mr George MacKenzie of Inchculter, Alexander Robertson [of Craig], Walter Stewart [of Pardovan], Alexander Watson [of Aithernie], Alexander Edgar, James Oswald [of Dunnikier], Francis Mollison, Robert Scott, Robert Kellie, John Hutchison, Archibald Shiells, Mr John Lyon, Mr John Carruthers [of Denbie], George Home, John Bain [of Tulloch] and Mr Robert Fraser adhered to the protest given in by the marquis of Annandale.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[M1706/10/27]*[print] [email] [cite] [preceding] [following]
In the parliament 18 November 1706, a vote was stated: approve of the third article of union in the terms, namely: that the agreeing to the said third article of the treaty in relation to the parliament of Great Britain shall not be binding or have any effect unless terms and conditions of union of the two kingdoms, and particularly the constitution of the said parliament, be finally adjusted and concluded and an act passed thereupon in the parliament; and that the said terms and conditions be also agreed to and ratified by an act of the parliament of England, the constitution of the parliament of Great Britain being left entire until the parliaments consider the twenty second article, yes or no. And it carried approve, and the list of the members as they voted pro or con (ordered to be printed) is as follows:
Approvers:
No: